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“We will consider appealing for the route to be diverted but what decision my clients will take I can’t say at this stage.”

Mr Roberts said he regarded the decision as a victory for Haverigg residents.

He said: “It was scary but in my job I stood in the middle of the road and all I had to protect myself from vehicles was a stick.

“We are pleased with the decision obviously. We went up against professionals and we’re pleased with the result.”

In her report Mrs Arnott said: “(Planning) applications in 1997 and 2003 did not deny the existence of the claimed paths, they simply did not acknowledge them.

“While I accept this would be consistent with a lack of intention to dedicate the paths on behalf of the applicant owners, it falls a long way short of the evidence required to form a clear, unambiguous rebuttal of any presumption of dedication.”

A spokeswoman for Cumbria County Council, which is responsible for enforcing the order, said the developer would either have to alter plans to accommodate the route or apply for the route to be diverted.